PRDV301: Introduction to Paralegal Studies

Unit 4: The Judicial SystemA system of justice requires a process for justice. In general, that
process is available through the judicial system. Lawyers and
paralegals must be familiar with various parts of the judicial system
and the appropriate way to access them. For example, when your client
brings a case to you dealing with a breach of contract, which court will
you bring that to? Is there any recourse if you lose the case? When do
you know you have exhausted all of your client’s remedies?

In this unit, you will learn about a typical judicial system, using
the American system as a model. Most judicial systems contain a basic
level of trial courts that address issues of fact and law. If the
outcome is not satisfactory, a party and his or her legal team may
decide to appeal issues of law to an appeals court. Many judicial
systems provide for intermediate courts of appeal and one ultimate
decider. For example, you will see that in the United States, decisions
of Courts of Appeal may be appealed to the Supreme Court of the United
States. Any legal issues decided by the Supreme Court are final and may
not be appealed further. As a paralegal, you must understand how this
process works to adequately serve your employers and clients.

Unit 4 Time Advisory
This unit will take you approximately 3 hours to complete.

☐ Introduction: 0.75 hours

☐ Subunit 4.1: 0.75 hours

☐ Subunit 4.2: 0.75 hours

☐ Subunit 4.3: 0.75 hours

Unit4 Learning Outcomes
Upon successful completion of this unit, the student will be able to:
- Describe the jurisdiction of various courts in the American judicial
system.
- Distinguish between trial courts, appeal courts, and courts of last
resort.

Instructions: Please click on the link above and read Chapter 7,
which begins on page 59. This reading provides a good overview of
the legal system as it exists in the United States. In addition to
addressing the role of the various federal and state courts, it also
addresses issues of jurisdiction. Remember, not every court can (or
should) hear every case. In addition, you should familiarize
yourself with the circumstances under which litigation may be
prohibited and how courts grant damages and other relief.

Reading this chapter should take approximately 45 minutes.

Terms of Use: The material above has been reposted by the kind
permission of the B.B. “Sixty” Rayburn Correctional Center College
Correspondence Program and Keith Nordyke. Please note that this
material is under copyright and cannot be reproduced in any capacity
without explicit permission from the copyright holder.

Instructions: Please click on the link above and read “Section 3:
Trial and Appellate Courts” of Chapter 2. Note that this reading
will also cover material you need to know for subunit 4.2. For this
subunit, focus on the discussion of trial courts in the United
States. Note that on the federal level, trial courts are
represented by district courts. In addition, all fifty states have
their own court systems with trial and appellate courts. Federal
court jurisdiction is somewhat limited. Familiarize yourself with
these limits and the interaction of state and federal courts
Reading this section should take approximately 45 minutes.
Terms of Use: Please respect the copyright and terms of use
displayed on the webpage above.

4.2 Intermediate Appeals CourtsNote: This topic is covered by the Chapter 2, Section 3 reading from
Lau and Johnson assigned below subunit 4.1. To cover this subunit,
focus on the discussion of the role of intermediate appeals courts in
the United States.

Instructions: Please click on the link above and read “Section 5:
Judgment, Appeal, and Execution” of Chapter 3. This reading
addresses the outcome of a trial as well as the process of appeal.
Note that appeals courts usually confine themselves to examining
whether any errors of law were committed on the trial level.
Familiarize yourself with what appeals courts can do with cases on
appeal. Note also the power of the judicial system to enforce its
judgments with contempt orders.

Reading this section should take approximately 45 minutes.

Terms of Use: Please respect the copyright and terms of use
displayed on the webpage above.

Instructions: Please click on the link above and read “Section 4:
The Certiorari Process” of Chapter 2. This reading takes you
through the process by which the Supreme Court of the United States
decides to take a case and what happens when it does. Other
jurisdictions have analogous process for courts of last resort. Pay
particular attention to the process the Supreme Court uses in
hearing and deciding cases.
Reading this chapter should take approximately 45 minutes.
Terms of Use: Please respect the copyright and terms of use
displayed on the webpage above.